3 Yuba men face federal hate crime charges

Three men face federal felony hate crime charges after attacking a black woman and white man in Marysville last year.

Billy James Hammett, 28, Perry Sylvester Jackson, 27, both of Marysville, and Anthony Merrell Tyler, 32, of Olivehurst, were arrested Tuesday for their racially motivated attack on the man and woman in Marysville, on April 18, 2011, according to a statement from U.S. Attorney Benjamin Wagner's office.

Hammett and Jackson pleaded not guilty at their arraignment in Marysville Tuesday before U.S. Magistrate Judge Dale A. Drozd. They will appear before U.S. District Judge John A. Mendez at 9:45 a.m. next Tuesday.

Tyler surrendered Tuesday in Sacramento and will be arraigned Wednesday.

"The indictment alleges that when an African American woman accompanied by a white male drove into the parking lot of a convenience store, Jackson called the male a 'n----- lover,' said Lauren Wagner is a statement from Wagner's office. "Hammett then approached the driver's side of the car, using a racial epithet to refer to the African American driver, while Jackson and Tyler attacked from the other side of the car.

"The indictment further alleges that Hammett and Jackson punched and kicked the African American woman driver and white male passenger and that Tyler smashed the car windshield with a crowbar."

The defendants are charged with one count of conspiracy and two counts of violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. The Shepard-Byrd Act criminalizes certain acts of physical violence causing bodily injury motivated by any person's actual or perceived race, color, national origin, religion, sexual orientation, gender, gender identity or disability.

"If convicted, the defendants could face a maximum sentence of five years in prison and a fine of $250,000 on the conspiracy charge, and 10 years in prison and a fine of $250,000 on each of the two hate-crime charges," Horwood said.

The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory sentencing factors and the Federal Sentencing Guidelines, which take into account a number of variables, Horwood explained.